Cards (15)

  • s1 Theft Act 1968: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"
  • The sections of this act:
    s3 Appropriation
    s4 Property
    s5 Belonging to another
    s6 Intention to Permanently Deprive
    s2 Dishonestly
  • s3 Appropriation: Doing something with the property that the owner has the right to do. No one else has the right to do it without the owner's consent.
  • Examples of appropriation include selling, consuming, and modifying.
  • Morris is a case for appropriation.
  • s4 Property can include real, personal, things in action, or intangible property.
  • R v Kelly and Lindsay: body parts are not regarded as property.
  • Oxford v Moss: Confidential information is not regarded as property
  • s5 Belonging to Another: Property should be regarded as belonging to any person having possession or control over it, or having any sort of proprietary right or interest.
  • Turner is a case for proprietary interest.
  • s6 Intent to Permanently Deprive: "To permanently lose the thing itself"
    Velumyl
  • Lloyd and Others: The thing "stolen" had not reduced in value, therefore it was not theft.
  • s2 Dishonesty subsections:
    s(1)(a) Where he thinks he has a legal right to it
    s(1)(b) Where he thinks consent would be given
    s(1)(c) Where the owners of the property cannot be found by taking reasonable steps
  • Ivey v Genting: The test for dishonesty.
  • Small: Quashed conviction because the court believe the owner could not be found after taking the reasonable steps.